Claims against ex-pediatrician settled

Nov. 23--Twenty-six former patients of a former Eau Claire pediatrician acquitted of sexual assault have settled medical malpractice claims against the physician and insurers.

The settlements come several months after Eau Claire County Judge Michael Schumacher ruled the names of the patients would be disclosed in paperwork.

The male patients filed malpractice suits seeking damages against David A. Van de Loo, Mayo Clinic Health System and their insurers.

St. Paul attorney Chris Messerly, who with co-counsel Jeff Anderson represented 22 of the 26 plaintiffs, discounted the timing of the settlements and possible identity disclosures.

"I don't know," Messerly said when asked about a possible connection. "I honestly can't say if that played much of a role at all."

Mayo Clinic requested the disclosures during a hearing in July. Schumacher ruled court documents related to the "John Doe 24" case set for trial in November needed to have the patient identified in paperwork filed on or before Sept. 30. Schumacher also set a date for the names of plaintiffs to be revealed in future paperwork.

"I'm obviously disappointed that Mayo brought the motion to display their names, but at trial their identities would have been disclosed anyway," Messerly said.

"Probably, if you asked every victim, they might have a different feeling about it (name disclosure), which is only natural," Messerly said.

Details of the settlements are not being disclosed, according to the agreements.

"One thing Mayo purchased along with the settlement was confidentiality, and given the nature of the touching here, our clients are very happy as well," Messerly said.

"I think it was fair," he added. "I think if you ask the other side, I think they would say the same thing; that it's a just result for all parties."

Madison attorney Guy DuBeau, who has represented Mayo at various court hearings, declined Tuesday to comment.

"The good thing is this is finally over for everyone," Messerly said. "This will be healing for more than just the parties involved -- for the community to put this sad chapter behind."

Messerly said the court documents related to the settlements covered all 26 cases, including four handled by another law firm.

The Wisconsin Supreme Court in June upheld an earlier ruling barring two former patients suing Van de Loo, Mayo and their insurers from seeking damages for medical malpractice, primarily because the statute of limitations had expired in their cases.

Van de Loo, 64, of Eau Claire, a pediatric and sports medicine specialist, was found not guilty in February 2014 of 14 criminal counts of sexual assault involving juvenile male patients.

As terms for dismissing two other counts, Van de Loo gave up his medical license.

Contact: 715-830-5831, [email protected], @crupnow on Twitter

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